Beijing, May 5 (Zhongxin Net) -- The Ministry of Human Resources and Social Security and the Supreme People's Court jointly released typical cases of labor disputes in new employment forms on May 26.
There are 6 typical cases, covering the main types of industries and common employment methods of the platform economy, including: How to determine whether there is an employment relationship between online truck drivers and platform enterprises? How to determine whether there is an employment relationship between online delivery personnel and platform enterprises? How to determine the labor relationship of a takeaway platform employment cooperative enterprise that recruits online delivery workers through a labor service company? Can an employee's registered individual industrial and commercial enterprise enter into a cooperation agreement with a platform enterprise or its employment cooperative enterprise, and can the employment relationship be recognized? How to determine whether there is an employment relationship between the online anchor and the cultural communication company? How to determine whether there is an employment relationship between online domestic service workers and domestic service companies?
In recent years, with the rapid development of the Internet platform economy, issues such as the protection of labor security rights and interests of workers in new employment forms have received widespread attention. In this regard, the Ministry of Human Resources and Social Security and other departments issued the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" in 2021, innovatively proposing that "the situation is not fully in line with the establishment of labor relations"; At the same time, in view of the more flexible employment characteristics of workers who "do not fully comply with the situation of establishing labor relations", relevant workers are included in the scope of minimum wage, rest, labor safety and other institutional protections, but the provisions on dismissal protection and economic compensation with employment stability as the guarantee goal are not applicable.
This batch of typical cases implements the requirements of the guiding opinions, adheres to the principle of "facts first" in determining labor relations, and determines the relationship between enterprises and workers based on the facts of employment.
Experts said that the release of this batch of typical labor dispute cases, through the interpretation of cases to guide the practice of adjudication, is of great significance to effectively improve the quality and efficiency of the handling of labor dispute cases in new employment forms, fully realize the benign development of the platform economy and the protection of workers' rights and interests.
The two departments said that in the next step, they will continue to strengthen joint research on the handling of labor dispute cases in new employment forms, actively promote the improvement of laws and policies on labor protection rights and interests of workers in new employment forms, increase guidance for labor and personnel dispute arbitration institutions and people's courts in handling cases, and regulate employment in accordance with the law and rational protection of workers' rights through dispute case handling guidance platforms and their cooperative enterprises, so as to better realize the organic unity of political, legal and social effects of labor dispute resolution. (End)